The URL can be used to link to this page

Home My WebLink About11-523 NOVEMBER 22, 2011 11-523 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE DELAYED ATTACHMENT REQUEST FROM TOWN OF ALGOMA WITH DAVID & BEVERLY ZINK AT 955 LINDEN OAKS DRIVE INITIATED BY: DAVID & BEVERLY ZINK, OWNERS A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ATTACHING CERTAIN TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 13TH WARD OF SAID CITY. The Common Council of the City of Oshkosh do ordain as follows: WHEREAS, the City of Oshkosh and Town of Algoma have adopted a Cooperative Plan as set forth in s. 66.0307, Wis. Stats., and approved by the Wisconsin Department of Administration, that identifies areas within the Town of Algoma as expansion areas to attach to the City of Oshkosh; and WHEREAS, a voluntary delayed attachment petition duly circulated has heretofore been signed by the owners of all the real property within such territory to be attached to the City of Oshkosh from the Town of Algoma; and WHEREAS, the proposed territory to be attached is located within the designated Expansion Area of the Town of Algoma to the City of Oshkosh; and WHEREAS, the property owner has requested temporary zoning of R-1 Single Family Residence; and WHEREAS, the Town Clerk for the Town of Algoma has been provided with written notice regarding the attachment in the time period specified by the approved Cooperative Plan; and WHEREAS, the Town of Algoma has not filed an objection to the attachment with the City. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: NOVEMBER 22, 2011 11-523 ORDINANCE CONT'D SECTION 1. The following described territory, pursuant to a duly filed voluntary attachment petition is hereby attached to and made part of the City of Oshkosh, a municipal corporation located in Winnebago County, more specifically to the 13th Ward of said City and subject to Wisconsin Statutes and the amendments thereto: A PART OF THE NE 1/4 OF THE NW 1/4 OF SECTION 29, TOWN 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN, DESCRIBED AS FOLLOWS: COMMENCING AT THE N 1/4 CORNER OF SAID SECTION 29; THENCE N 89°41'31" W, A DISTANCE OF 658.69 FEET ALONG THE NORTH LINE OF SAID SECTION 29; THENCE S 00°21'46" W, A DISTANCE OF 209.25 FEET ALONG THE EXTENDED EAST RIGHT-OF-WAY LINE AND EAST RIGHT-OF-WAY LINE OF LINDEN OAKS DRIVE TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S 00°21'46"W, A DISTANCE OF 208.00 FEET; THENCE N 89°29'24"W,A DISTANCE OF 275.18 FEET; THENCE N 00°31'54" E, A DISTANCE OF 208.00 FEET TO THE SOUTHWEST CORNER OF LOT 2 OF CERTIFIED SURVEY MAP NO. 5296 (DOC. NO. 1264687, WINNEBAGO COUNTY REGISTER OF DEEDS); THENCE S 89°29'24" E, A DISTANCE OF 274.57 FEET ALONG THE SOUTH LINE AND EXTENDED SOUTH LINE OF SAID LOT 2 TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 57,174 SQUARE FEET OR 1.313 ACRES. SECTION 2. Sections 1-28 and 1-29 of the Oshkosh Municipal Code pertaining to Boundaries, Wards, Polls, Benchmarks are hereby amended so as to reflect the provisions of this Ordinance and the proper City officials are hereby authorized and directed to make such changes. SECTION 3. The proper City officials are hereby authorized and directed to comply with the following requirements of Section 66.0217(9)(a)and 66.0307(10)of the Wisconsin Statutes and the City Clerk shall give written notice to the Secretary of State. SECTION 4. Said property hereinabove described is hereby temporarily zoned as follows: R-1 Single Family Residence. SECTION 5. This Ordinance shall be in full force and effect 5 years from the Sunday after its passage and publication or in accordance with the approved Cooperative Plan between the Town of Algoma and the City of Oshkosh. SECTION 6. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #11-XXX APPROVE DELAYED ATTACHMENT REQUEST FROM THE TOWN OF ALGOMA WITH DAVID & BEVERLY ZINK (955 LINDEN OAKS DRIVE) on December 13, 2011. The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Ave. and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. 0 I- ..•-• al . Z�N } mow ' ' z =' oc� U w � Q D ~ � ' rd > :Tr NQ 0 c9 N 11 z \U w 3� �n JOHN MOORS DR. F1 Z 10 3 0 7 O° E o - Ito _ ° 5 w - U O—> o ■ 0_ L,_W = O N w w \D U 0 w z^ >_Z < z,_ F_2 z =_ U z 0 v UN 0a _ N 0_J N Z y 0_ Q Q Xpp \W Cc N N J LTA U 1- f F, m o z HSONHSO J0,t1:0 _ � w0 O a w VWOO1V JO NOO1 ? m \W -0 LT,n 0 ,S0'600 ,00'8Z 1 HSONHSO O 1.110 _ �� A.1,94,ZOOS i N,94,ZOO5- v — ——V I1OO1Y JO 0201 I w 3 210 S>Ib'0 NE0NI1 z i� N F,. 1.6 I 0£6 J,m 1 006 1 S66 I L §I: o 't.T, 3 J �u N �F —� ,OO'8OZ 3„1,S,tf.DON Ti -,..,0 a tp \,0 .m v zm tL 00 om s-.U d N \U NN 3N Z • a C n- CID I Fr Of HKOf H ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich,Director of Planning Services Division!/ DATE: November 17,2011 RE: Approve Zink Delayed Attachment from the Town of Algoma BACKGROUND/SUBJECT PROPERTY This is a delayed voluntary attachment of approximately 1.313 acres of land located in the Town of Algoma. The purpose of the attachment is to obtain utility service (sewer and water)for an existing single-family residence at 955 Linden Oaks Drive. The property is currently zoned R-1ETZ, Single Family Residence District Extraterritorial Zoning. The attachment is delayed because under the terms of the Boundary Agreement between the City and Town of Algoma, provisions allow for connection to City sewer and water facilities and delay the actual transfer of property to the City's jurisdiction for a five year period or until a defined City expansion area is immediately attached as outlined in the Cooperative Plan. The subject property is located in Zone C which is scheduled for attachment in March, 2023. ANALYSIS Connection charges will be due prior to connection to City sanitary sewer and the water main. The connection charge for sanitary will be approximately $7,837.44,water main approximately$7,505.47 and laterals approximately $3,991.63. The property is proposed to be attached with a zoning classification of R-1, Single Family Residence District, which is consistent with Comprehensive Plan's land use recommendation and the existing land use pattern of the surrounding area. The property will remain under Town/County jurisdiction for most services (other than zoning administration, and sanitary sewer and water service)until the property is automatically attached upon expiration of the five year attachment delay, after which the City will provide all services. Service provision by the City should not be an issue as these services are provided to other properties along Linden Oaks Drive and W. 9th Avenue. FISCAL IMPACT Based on the assessed values of land in the vicinity,the attachment of the subject property should add approximately $28,900 in equalized land value and$132,400 in equalized improvement value,totaling$161,300 in equalized value. The property will continue to pay property taxes to the Town until the end of the five year attachment delay, after which taxes will be paid to the City of Oshkosh. RECOMMENDATION It appears that the Zink Delayed Voluntary Attachment is in the best interest of the City and I recommend approval as requested. Approvdv�� City Manager PETITION FOR UNANIMOUS DELAYED VOLUNTARY ATTACHMENT TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN: WHEREAS, the City of Oshkosh and Town of Algoma have adopted a Cooperative Plan as set forth in s. 66.03 07,Wis.Stats.,approved by the Wisconsin Department of Administration,that identifies areas within the Town of Algoma as expansion areas for the City of Oshkosh; WHEREAS,the undersigned represent the owners of the territory to be attached to the City of Oshkosh from the Town of Algoma; WHEREAS,the proposed territory to be attached is located within the designated Expansion Area of the Town of Algoma to the City of Oshkosh; WHEREAS,the petitioners are requesting to obtain sanitary sewer and water service from the City; WHEREAS,the petitioners are requesting a five(5)year delayed voluntary attachment under Section 11.02(c) of the Cooperative Plan; WHEREAS,the current population of the territory to be attached as defined by Sec. 66.0201(2)(dm) of the Wisconsin Statutes is (Two) 2 . NOW,THEREFORE,THIS PETITION IS HEREBY MADE for unanimous delayed voluntary attachment, pursuant to the provisions of the approved Cooperative Plan between the City of Oshkosh and the Town of Algoma, for attachment to the City of Oshkosh,Wisconsin,from the Town of Algoma,Winnebago County,Wisconsin,of the real estate hereinafter described as follows: Zink Delayed Voluntary Attachment KNOWN AS 955 LINDEN OAKS DRIVE. A PART OF THE NE1/4 OF THE NW 1/4 OF SECTION 29, TOWN 18 NORTH,RANGE 16 EAST, TOWN OF ALGOMA,WINNEBAGO COUNTY,WISCONSIN,DESCRIBED AS FOLLOWS: COMMENCING AT THE N'A CORNER OF SAID SECTION 29; THENCE N89°41'31"W,A DISTANCE OF 658.69 FEET ALONG THE NORTH LINE OF SAID SECTION 29; THENCE S00°21'46"W,A DISTANCE OF 209.25 FEET ALONG THE EXTENDED EAST RIGHT-OF-WAY LINE AND EAST RIGHT-OF- WAY LINE OF LINDEN OAKS DRIVE TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S00°21'46"W,A DISTANCE OF 208.00 FEET; THENCE N89°29'24"W,A DISTANCE OF 275.18 FEET; THENCE N00°31'54"E A DISTANCE OF 208.00 FEET TO THE SOUTHWEST CORNER OF LOT 2 OF CERTIFIED SURVEY MAP NO. 5296 (DOC.1264687,WINNEBAGO COUNTY REGISTER OF DEEDS); THENCE S89°29'24"E, A DISTANCE OF 274.57 FEET ALONG THE SOUTH LINE AND EXTENDED SOUTH LINE OF SAID LOT 2 TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS-1.313 ACRES. QUALIFICATION DATE (elector and/or N• I POST OFFICE ADDRESS SIGNED property owner) n \ J LL Elector&Property l 955 Linden Oaks Dr. Owner David . Zink , Oshkosh, WI 54904 13--e-c-er\-1?--1), Elector&Property 955 Linden Oaks Dr. // ...(7 Owner Beverly J. Zink Oshkosh, WI 54904 V PETITION FOR TEMPORARY ZONING CLASSIFICATION TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH: WHEREAS the undersigned are electors and/or property owners in the area being sought to be attached to the City of Oshkosh, said area being more particularly described in a certain petition for unanimous delayed voluntary attachment to the City of Oshkosh, Zink Delayed Voluntary Attachment, and, WHEREAS it is acknowledged by the undersigned that submitting of this petition does not in any matter attempt to make said petition for attachment conditional upon this petition or the action taken by the said Common Council pursuant to this petition. NOW, THEREFORE, the undersigned petition the Common Council of the City of Oshkosh that the ordinance attaching said territory include a provision temporarily designating the classification for zoning purposes, pursuant to Sec. 66.0217(8) of the Wisconsin Statutes, until the zoning ordinance is amended as prescribed in Sec. 62.23(7)(d) of the Wisconsin Statutes, as follows: R-1 Single Family Residence District Qualification (elector and/or N I n POST OFFICE ADDRESS DATE SIGNED property owner) Elector & , (Vid- 955 Linden Oaks Dr. Property Owner i a� 'd W. Zink Oshkosh, WI 54904 1/--/‘*-1/ Elector& 955 Linden Oaks Dr: l/..I 6 -l j Property Owner Beverly J. Zik Oshkosh, WI 54904 7 ZJ:,,j